Terms and Conditions

SERVICES FROM PORTATEXT ARE ONLY AVAILABLE FOR USE ON THE CONDITION THAT YOU AGREE COMPLETELY TO THESE TERMS.
BY ACCESSING OR USING THE SERVICES OFFERED BY PORTATEXT, YOU AND THE ENTITY YOU ARE AUTHORIZED TO REPRESENT ("YOU" OR "YOUR") AGREE TO BE BOUND BY THESE TERMS.
PLEASE REVIEW THESE TERMS CAREFULLY. ONCE ACCEPTED, THESE TERMS BECOME A BINDING LEGAL COMMITMENT BETWEEN YOU AND PORTATEXT. IF YOU DO NOT AGREE TO ALL OF THE TERMS, DO NOT ACCESS OR USE OUR SERVICES.
IF YOU USE ANY OF OUR SERVICES, YOU AFFIRMATIVELY ACCEPT THE FOLLOWING CONDITIONS, AS MODIFIED AND UPDATED, RETROACTIVELY TO THE BEGINNING OF THE ESTABLISHMENT OF YOUR ACCOUNT WITH US, OR FROM WHENEVER YOU FIRST BEGAN TO USE OUR SERVICES, WHICHEVER DATE IS THE EARLIEST.
EXCEPT FOR CERTAIN TYPES OF DISPUTES DEFINED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US SHALL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

1. Definitions

1.1 "PortaText", or “we”, or “us”, or “our”, or "provider", or "PortaText, LLC" will refer to PortaText, LLC a company incorporated in the State of Florida, United States with Document Number L16000116255 with address 9737 NW 41st SUITE 105 DORAL, FL 33178.
1.2 “You” or “Your”, or "Client", or “Customer” will refer to you.

1.3 “Services", or "Platform" will refer to all our platform services, which includes all of our programs, features, functions and report formats, instructions, code samples, on-line help files and technical documentation, our website, account portal, and blog website, technical support, as well as any upgrades or updates to any of these, made generally available by us, and includes any of our SDKs, APIs or software provided to you in connection with your use of our services, and our connectivity services

1.4"The Site" will refer to the website www.portatext.com, our blog site blog.portatext.com, our user portal panel.portatext.com and collectively any other website property of PortaText.

1.4 "Accessible Mobile Operators" will refer to the digital cellular networks accessible from our Services.

1.5 "Mobile Operator" or "Operator" will refer to the legal entity which operates a mobile telecommunications system or network.

1.6 "Agreement", or "Terms", or "Terms of Use", or "Terms and Conditions" will refer to these terms and conditions, including our Privacy Policies, Acceptable Use Policy, and the Service Level Agreement.

2. Scope

2.1 PortaText provides its Services subject to the terms and conditions in this Terms of Service (“Terms" or “Agreement"). These Terms apply to all users of our Services, including, without limitation, users who send or submit content, information, and other materials or services, registered or otherwise, through the Services.

2.2 Certain of our Services may be subject to additional terms and conditions specified by us from time to time; your use of such Services is subject to those additional terms and conditions.

2.3 Any new services or features offered by us are subject to these Terms of Use and any other service-specific applicable terms and conditions specified by us from time to time.

2.4 You represent and warrant that you are at least 18 years of age and are legally authorized and competent to enter into and bind yourself or the company you represent (as used throughout these Terms of Use, “you”, “You”, “your”) to these Terms of Use.

2.5 If you are registering for a PortaText account or using PortaText's Services on behalf of an organization, you are agreeing to these terms for that organization and promising PortaText that you have the authority to bind that organization to these Terms (and, in which case, the terms “you” and “your” or “customer”, or "client" will refer to that organization). The exception to this is if that organization has a separate contract with PortaText covering your account and use of our Services, in which case that contract will govern your account and use of PortaText's Services.

2.6 PortaText doesn’t provide warranties for its Services, and these terms limit our liability to you. In addition, disputes about these terms or relating to your PortaText account or PortaText's Services generally must be resolved by binding arbitration and on an individual basis only.

2.7 If you use any of our Services, you affirmatively accept the following conditions, as modified and updated, retroactively to the beginning of the establishment of your account with us, or from whenever you first began to use our services, whichever date is the earliest.

2.8 Continued use of any of our Services constitutes the affirmative agreement to these amended or revised terms and conditions.

2.9 Portatext reserves the right to change the terms, conditions and notices under which our services are offered, including but not limited to the charges associated with the use of any of our services.

2.10 Arbitration notice and class action waiver. Except for certain types of disputes defined in the arbitration section below, you agree that disputes between you and us shall be resolved by binding, individual arbitration and you waive your right to participate in a class action lawsuit or class-wide arbitration.

3. Connectivity

3.1 You are responsible for providing suitable hardware, software, or communications equipment, and for the provision of all infrastructure necessary to ensure your access and use of our Services.

3.2 You are also responsible, at your own expense, for the provision and the regular monitoring of telecommunication and access infrastructure between your operations centre and our Services.

3.3 PortaText shall be responsible for the PortaText Services.

4. Electronic Communications

4.1 When you visit our websites, use fax, text messaging, online chat or send email to us, you are communicating with us electronically.

4.2 You consent to receive communications from us electronically.

4.3 You agree that we may at times communicate for various reasons, including marketing messages by email, chat or by posting notices our websites.

4.4 You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

5. License, Ownership, and Confidentiality

5.1 General. As between you and PortaText, we exclusively own and reserve all right, title and interest in and to our Services. As between you and PortaText, you exclusively own and reserve all right, title and interest in Your Applications and the content of any communications sent through integration with our Services.

5.2 Any and all rights, including, without limitation, intellectual property rights, associated with the Services, including, without limitation, rights to its content, code, and applications, text, graphics, logos, button icons, images, data compilations and software are the sole property of PortaText, its affiliates or third parties.

5.3 All the Services are protected by trademark, copyright, other intellectual property and other laws in both the United States and other countries.

5.4 The Services may contain Content specifically provided by us, our partners or our users that is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Services.

5.5 Except as otherwise expressly authorized by these Terms, by applicable law, or by a separate agreement governing the services provided to you by us you may not copy, reproduce, modify, lease, loan, sell, create derivative works from, upload, transmit, or distribute any portion of any of the Services in any way without our or the appropriate third party's prior written permission.

5.6 Except to the extent allowed by applicable law, you agree that you shall not decipher, decompile, disassemble, reverse-engineer or attempt to decipher, decompile, disassemble, reverse-engineer any portion of the Services.

5.7 Except as expressly provided herein, we do not grant to you any express or implied rights to the Services or to our or any third party's intellectual property.

5.8 We grant you a limited, personal, non-exclusive, non-transferable, non-sub licensable, revocable license to access and use the Services only in the manner presented by us, and only for the purposes intended by us.

5.9 Use of Marks. Subject to these Terms, we both grant each other the right to use and display each other’s name and logo (the Licensor Marks) on our respective websites and in other promotional materials solely in connection with each of our respective activities under these Terms. All of this use of the Licensor Marks will be in accordance with the each other’s applicable usage guidelines and will inure to the benefit of Licensor. The one of us using the other’s Licensor Marks under this subsection will not use, register or take other action with respect to any of the Licensor Marks, except to the extent allowed in advance in writing by the one of us whose Licensor Marks are being used. In using the Licensor Marks under this subsection, the one of us using the other’s Licensor Marks will always use the then-current Licensor Marks and will not add to, delete from or modify any of Licensor Marks. The one of us using the other’s Licensor Marks will not, at any time, misrepresent the relationship between us. The one using the other’s Licensor Marks will not present itself as an affiliate or other legal agent of the one of us whose Licensor Marks are being used. The rights to use and display each other’s Licensor Marks under this subjection will end automatically in the event these Terms terminate.

5.10 Suggestions and Contributions. By submitting suggestions or other feedback about our Services (“Contributions") you agree that:

  1. We are not under any obligation of confidentiality with respect to your Contributions;
  2. We may use or disclose (or choose not to use or disclose) your Contributions for any purpose and in any way;
  3. You irrevocably, non-exclusively license to us rights to exploit your Contributions; and
  4. You are not entitled to any compensation or reimbursement of any kind from us under any circumstances for your Contributions.

5.11 Confidentiality. "Confidential Information" means any information or data, regardless of whether it is in tangible form, disclosed by either party that is marked or otherwise designated as confidential or proprietary or that should otherwise be reasonably understood to be confidential given the nature of the information and the circumstances surrounding disclosure. "Confidential Information" does not include any information which:

  1. Is publicly available through no fault of receiving party
  2. Was properly known to receiving party, without restriction, prior to disclosure by the disclosing party
  3. Was properly disclosed to receiving party, without restriction, by another person without violation of disclosing party's rights
  4. Is independently developed by the receiving party without use of or reference to the disclosing party's Confidential Information

Each party agrees that it will use the Confidential Information of the other party solely in accordance with the provisions of this Agreement and it will not disclose such information to any third party without the other party's prior written consent, except as otherwise permitted hereunder. Each party agrees to exercise due care in protecting the Confidential Information from unauthorized use and disclosure. Each party may disclose the Confidential Information of the other party, in whole or in part to its employees, representatives, actual or potential investors and subcontractors who have a need to know and are legally bound to keep such information confidential consistent with the terms of this Section. Either party may disclose the Confidential Information of the other party as required by law, upon prior written notice to the other party (where allowed by law); provided that such party will use its reasonable efforts to minimize such disclosure to the extent permitted by applicable law.

5.12 You acknowledge and agree that the use of our Services or any of the telephone numbers that we provide in connection with use of the Services do not grant you any ownership or other rights in the number other than the limited, revocable use rights expressly set forth in this Agreement. You do not have the right to use those numbers indefinitely. You acknowledge and agree that telephone numbers we provision may be reclaimed by us or the applicable supplier from time to time during the Term, and may be re-assigned to other customers after the Term. You may not transfer or assign the numbers we provide to you unless otherwise mutually agreed in writing. Except as otherwise provided in this Agreement with respect to suspension or termination of the Services, we will endeavor to provide you with reasonable notice in the event of any such reclamation.

5.13 The Site may contain certain features that allow you to publicly post comments, text, data, information, and other Content. Participation in these public forum areas of the Site is optional. By submitting any Content that is added, transmitted, submitted, distributed, or posted to the Site or displaying, publishing, or otherwise posting any content on the Site (“Website Submissions”), you hereby do and shall grant us a worldwide, non-exclusive, perpetual, royalty-free, fully paid, and sublicensable license to use, edit, modify, truncate, aggregate, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit Website Submissions in connection with the Site, the Services and our (and our successors’ and assigns’) businesses, including without limitation for promoting and redistributing part or all of the Site or the Services (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites and feeds), and including after your termination of your Account or the Services. You also hereby do and shall grant each user of the Site and/or the Services a non-exclusive, perpetual license to access your Website Submissions through the Site and/or the Services, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such Website Submissions as permitted through the functionality of the Site, including after your termination of your Account or the Services. For clarity, the foregoing license grants to us and our users does not affect your other ownership or license rights in your Website Submissions, including the right to grant additional licenses to your Website Submissions, unless otherwise agreed in writing. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights. For the avoidance of doubt, you are not required to send us such public Website Submissions and you can always choose not to do so.

5.14 We reserve the right, without any obligation, to decide whether Content added, created, transmitted, submitted, distributed, or posted to the Site or to or through the Services by users, including, without limitation, all Website Submissions and Application Content (collectively “User Content”) and any other Content is inappropriate or violates these Terms of Use, including but not limited to copyright infringement, violations of intellectual property law, pornography, obscene or defamatory material, or excessive length. We also reserve the right, in our sole good faith discretion, but without any obligation, to reject, refuse to transmit or post, or remove any posting (including User Content) by you, or to restrict, suspend or terminate your access to all or any part of the Services at any time. Notwithstanding the foregoing, we assume no responsibility for monitoring the Site, Services, or User Content, for inappropriate conduct, or modifying or removing such conduct, Content or User Content from the Site or Services. We also reserve the right to access, read, preserve, and disclose any information that we reasonably believe is necessary (i) to satisfy any applicable law, regulation, legal process or governmental or agency request, (ii) to enforce these Terms of Use, including investigation of potential violations hereof, (iii) to detect, prevent, or otherwise address fraud, security or technical issues, (iv) in accordance with our Privacy Policy, (v) to respond to user support requests, or (vi) to protect the rights, property or safety of us, our users and the public.

5.15 Injunctive Relief. The parties expressly acknowledge and agree that no adequate remedy exists at law for an actual or threatened breach of this Section 5 and that, in the event of an actual or threatened breach of the provisions of this Section, the non-breaching party will be entitled to seek immediate injunctive and other equitable relief, without waiving any other rights or remedies available to it. Each party will promptly notify the other in writing if it becomes aware of any violations of the confidentiality obligations set forth in this Section.

6. Changes to These Terms, Policies, and Our Services

6.1 We reserve the right in our sole discretion, to make changes to our policies, and these Terms at any time.

6.2 We reserve the right in our sole discretion, to suspend, or discontinue the Services (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on our website or by sending you notice through the Services, or by another appropriate means of electronic communication.

6.3 If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

6.4 It is your responsibility to stay aware of these Terms & Conditions. Your continued access or use of our Services constitutes your acceptance of any revisions.

6.5 If you don’t agree to the changes, you should stop using PortaText's Services and we are not obligated to provide you with any of the Services.

6.6 The features and functions of our Services, including our APIs, and PortaText's service level agreement (SLA), may change over time. It is your responsibility to ensure that calls or requests you make to our Services are compatible with our then-current Services.

6.7 Although we try to avoid making changes to our Services that are not backwards compatible, if any such changes become necessary, we will use reasonable efforts to let you know with notice whenever possible prior to implementing those changes.

6.8 We may also impose limits on certain features and services or restrict your access to parts or all of the Services without liability or advance notice. You acknowledge that your continued use of the Services following notification of any changes to these Terms constitutes acceptance of those changes.

7. Account Signup and Security

7.1 To use our Services, you will be asked to create an account.

7.2 As part of the account creation process, you’ll be asked to provide your email address, create a password, and verify that you’re a human being by providing a telephone number to which we’ll send you a verification code to enter into the form

7.3 If you sign up for an account, you agree to provide, truthfully and accurately, all information requested by during the signup process. This information is required by to verify your identity, to establish your account, and to set up any services you may obtain.

7.4 You must also keep that information true, accurate, current and complete after you create your account.

7.5 If PortaText, in its sole judgment, has any reason to doubt the accuracy or legitimacy of the information provided, or has any reason to doubt that the information provided is sufficient to verify your identity, we may deny you an account, terminate or suspend your existing account, or terminate or suspend your access to or use of our services.

7.6 By signing up for an account, you authorize us to communicate with you by telephone, text, email or fax regarding your account using any of the personal information you provided.

7.7 If you register for an account, you are responsible for maintaining the confidentiality of your account login and password information, and for restricting access to your computer, or computers you use, to prevent unauthorized access to your account.

7.8 You agree to accept all responsibility and liability for all activities that occur under your account.

7.9 We will not be liable for any loss or damage arising from unauthorized use of your account. You are also solely responsible for all use and for all acts and omissions of anyone that has access to your application (“End Users").

7.10 You may never use a third party’s account, registration information, or password on the Services without permission.

7.11 You must notify us immediately of any change in your eligibility to use the Services (including any changes to or revocation of any licenses from state authorities), breach of security or unauthorized use of your Account.

7.12 You have the ability to delete your Account by emailing support@portatext.com.

7.13 We may, in our sole discretion, refuse to offer the Services to any person or entity and change our eligibility criteria at any time. You will inform us if you are aware that these Terms of Use are not in compliance with any laws, rules and regulations applicable to you and the right to access the Services is revoked where these Terms of Use or use of the Services is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation. Further, the Services are offered only for your use, and not for resale or otherwise on behalf of any third party except as otherwise expressly provided in these Terms of Use. In any event, there are no third party beneficiaries to this Agreement.

8. Warranties And Disclaimers

8.1 We make no warranties of any kind, written or implied, of our Services.

8.2 PortaText shall provide its Services with reasonable commercial standards. PortaText does not warrant that the Services will be fault-free, or that they will be available continuously or that all the Accessible Mobile Operators will be reachable at all times.

8.3 PortaText cannot guarantee that the Services will never be faulty but will do its reasonable commercial efforts to correct reported faults and make the Services available as soon as PortaText reasonably can.

8.4 PortaText may temporarily suspend the Services for maintenance or upgrade reasons. PortaText will endeavor to give you 5 working days prior written notice of such suspension. It is understood that suspension of the Services for maintenance reasons, excluding force majeure events or serious outage of the Services (where outage means a situation where the Services can barely be operated if at all) will usually be done during between 20:00-10:00 ET (Eastern Time).

8.5 PortaText is not responsible in any way for any mobile telecommunications systems or networks, which it does not operate and in particular for the network of the Operators. Therefore PortaText is not liable for the acts or omissions of other providers of telecommunication services (including suspension or termination of PortaText connections and/or contracts with any Operator) or for faults in or failures of their apparatus or network, and in general for any other technical reason attributable to Operator's network or telecommunication service provider.

8.6 You acknowledge that PortaText has no control over the Information, which passes through the use of the Services and that PortaText does not examine the use of such Information or the nature or the source of the Information. You shall be solely liable for the content of the Information and any other material transmitted by you or anyone else using the Services including but not limited to Mobile Subscribers. PortaText excludes all liability of any kind in connection with the transmission or reception of such content.

8.7 EXCEPT AS OTHERWISE EXPRESSLY SET FORTH ABOVE IN THIS SECTION 8, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND CONTENT ARE PROVIDED “AS IS”, “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, QUALITY (E.G. AS TO LATENCY AND THROUGHPUT), AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WE, AND OUR SUPPLIERS, PARTNERS AND LICENSORS, AND EACH OF OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, DO NOT WARRANT (AND HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES) THAT: (I) THE SERVICES (OR ANY MOBILE OPERATORS) WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED, (III) ANY CONTENT OR SOFTWARE AVAILABLE ON OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (IV) THE CONTENT ON THE SITES OR SERVICES (OR ANY THIRD PARTY SITES OR SERVICES LINKED THERETO) IS ACCURATE, ERROR-FREE, OR COMPLETE, OR (V) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY CONTENT OF, COMMUNICATION BY, OR PRODUCT OR SERVICE ADVERTISED OR OFFERED BY, A THIRD PARTY THROUGH THE SERVICES, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTIES.

8.8 BETA SERVICES. FROM TIME TO TIME, YOU MAY HAVE THE OPTION TO PARTICIPATE IN A PROGRAM WITH PORTATEXT WHERE YOU GET TO USE ALPHA OR BETA SERVICES, PRODUCTS, FEATURES AND DOCUMENTATION (“BETA SERVICES”) OFFERED BY US. THESE BETA SERVICES ARE NOT GENERALLY AVAILABLE AND MAY CONTAIN BUGS, ERRORS, DEFECTS OR HARMFUL COMPONENTS. ACCORDINGLY, WE ARE PROVIDING THE BETA SERVICES TO YOU “AS IS.” WE MAKE NO WARRANTIES OF ANY KIND WITH RESPECT TO THE BETA SERVICES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NOTWITHSTANDING ANY PUBLISHED DOCUMENTATION THAT STATES OTHERWISE, PORTATEXT DOES NOT WARRANT THAT THE BETA SERVICES WILL BE ERROR-FREE OR THAT THEY WILL MEET ANY SPECIFIED SERVICE LEVEL, OR WILL OPERATE WITHOUT INTERRUPTIONS OR DOWNTIME.

9. Indemnification, Exclusion of Damages, And Limitations of Liability

9.1 PortaText should not be held liable for any delay or failure to provide service(s) at any time.

9.2 Under no circumstances and under no legal theory, whether in tort, contract, or otherwise, will PortaText nor any of its officers, Directors, Employees, Shareholders, Affiliates, Agents or Providers be liable to you for any direct or indirect, special, incidental, consequential or punitive damages of any character arising out of or in connection to the use or inability to use the service, including, without limitation, damages for loss of goodwill, lost profits, lost sales or business, work stoppage, computer failure or malfunction, lost data, or for any and all other damages or losses, even if we had been advised, knew or should have known of the possibility of such damages.

9.4 PortaText's services are not intended to support or carry emergency calls or sms messages to any emergency services. Neither portatext nor its representatives will be liable under any legal or equitable theory for any claim, damage, or loss (and customer will hold portatext harmless against any and all such claims) arising from or relating to the inability to use our services to contact emergency services.

9.5 The limitations set forth herein apply to the claim founded in Breach of Contract, Breach of Warranty, Product Liability, Tort and any and all other liability and apply whether or not PortaText was informed of the possibility of any particular type of damage

9.6 We provide prepaid services only. You must keep a positive balance to retain services with us. You must pay all negative balances immediately. You agree to keep a positive balance in your account at all times and agree to pay the rates charged for services utilized.

9.7 You agree to pay any and all charges that incurred while using our service.

9.8 Violation of any state or federal laws or laws, or any illegal activity in any jurisdiction, in our determination, may result in immediate termination of your account and/or disconnection of the offending number, route or service.

9.9 You will defend, indemnify and hold PortaText and its affiliates harmless against any actual or threatened claim, loss, liability, proceeding, third-party discovery demand, governmental investigation or enforcement action arising out of or relating to your activities under these Terms or your acts or omissions in connection with the provision of Your Application, including, without limitation, any intellectual property claims relating to the Your Application and any violation by you or your End Users of the terms of Section 12 (Restrictions). We and our affiliates will cooperate as fully as reasonably required in the defense of any Claim, at your expense. We reserve the right, at your expense, to retain separate counsel for ourselves in connection with any Claim or, if you have not responded reasonably to the applicable Claim, to assume the exclusive defense and control of any Claim in which you are a named party and that is otherwise subject to indemnification under this Section 9 (Indemnification). You will pay all costs, reasonable attorneys’ fees and any settlement amounts or damages awarded against us in connection with any Claim. You will also be liable to us for any costs and attorneys’ fees we incur to successfully establish or enforce our right to indemnification under this Section

9.10 We reserve the right to terminate service at any time with or without notice for any reason or for no reason and/or if Customer is found to be in violation of our Terms & Conditions.

9.11 You agree that we will not be liable to you or to any third party for any modification, suspension or discontinuance of service.

9.12 We reserve the right to request documentation for verification purposes, such as a copy of the credit card used to establish the account, a credit card or utility bill, a valid photo identification such as a passport, driver license and/or other government issued identification.

9.13 All Traffic carried by the Service(s) must be IP originated.

9.14 You acknowledge and agree that the Service(s) may not be compatible with all communication equipment. In addition, different regulatory treatment may be applied to the Service(s) than is applied to other telecommunications services, which may affect Customer's rights before regulatory agencies and other governmental bodies.

9.15 The provisions of this Section 9 allocate the risks under this agreement between the parties, and the parties have relied on the limitations set forth herein in determining whether to enter into this agreement.

10. Access and Use of Our Services

10.1 We will make our Services available to you in accordance with our SLA, which may be updated from time to time.

10.2 You may use our Services, on a non-exclusive basis, solely in strict compliance with these Terms and the PortaText's Acceptable Use Policy (“AUP"), which may be updated from time to time, and applicable law, including:

  1. Using our Services as needed to develop your software applications that interface with our Services (“Your Applications") or provide Services through Your Applications,
  2. Making our Services available to End Users of Your Applications in connection with the use of each of Your Applications, and
  3. Otherwise using our Services solely in connection with and as necessary for your activities under these Terms.

11. Our Use and Storage of Customer Data

11.1 You acknowledge that you have read PortaText's Privacy Policy and understand that it sets forth how we will collect, store, and use your Customer Data.

11.2 “Customer Data" consists of information made available to us through your use of our Services under these Terms, which includes information such as your name, contact information, billing records, call or messaging logs, and traffic routing information, as well as the content of communications sent through or integrated with our Services, such as audio recordings, message bodies, and call recording transcriptions. If you do not agree to PortaText's Privacy Policy, you must stop using our Services.

11.3 Except as agreed by PortaText and you in writing, PortaText may periodically delete your Customer Data.

11.4 Further, data storage is not guaranteed by us and you agree that we will not have any liability whatsoever for any damage, liabilities, losses, or any other consequences that you may incur relating to the loss or deletion of Customer Data.

11.5 You further acknowledge and agree that we may access or disclose Customer Data, including the content of communications, if:

  1. We believe that disclosure is reasonably necessary to comply with any applicable law, regulation, legal process or government request
  2. To enforce our agreements and policies
  3. To protect the security or integrity of our services and products
  4. To protect ourselves, our other customers, or the public from harm or illegal activities
  5. To respond to an emergency which we believe in good faith requires us to disclose data to assist in preventing a death or serious bodily injury.

12. Restrictions

12.1 There are some restrictions on what you can do with our Services.

  1. Except as provided in Section 10 "Access and Use of Our Services", you agree not to transfer, resell, lease, license or otherwise make available our Services to third parties or offer them on a standalone basis.
  2. You will not attempt to use our Services to access or allow access to Emergency Services.
  3. You will ensure that our Services are used in accordance with all applicable Law and third party rights, as well as these Terms and the PortaText AUP, as amended from time to time.
  4. You will ensure that we are entitled to use your Customer Data, including content of communications, as needed to provide our Services and will not use our Services in any manner that violates any applicable law
  5. Except as allowed by applicable law, you will not decipher, decompile, disassemble, reverse engineer or otherwise create, attempt to create or derive, or permit or assist anyone else to create or derive the source code of any software provided in connection with our Services.
  6. If you have purchased a short code or SMS service, then you will not change your use of that short code or SMS service from the use stated in your application to the carrier for approval of the short code or SMS service without first obtaining an amendment to your application or re-applying to the carrier for approval of the short code or SMS service under the new use.
  7. We reserve the right to reclaim any phone number from your account and return that number to the relevant numbering plan if you do not send sufficient traffic over that phone number such that the phone number is unutilized or underutilized, as defined by any local, federal, and/or national regulatory agency and/or governmental organization with oversight over the relevant phone number and numbering plan. If we seek to reclaim a phone number from your account, excluding suspended accounts, we will send you an email at least two (2) weeks' in advance telling you that we are reclaiming the phone number, unless we’re otherwise prevented from doing so by the applicable regulatory agency or governmental organization. We also reserve the right to reclaim phone numbers from accounts suspended for failure to pay and/or suspended for suspected fraud, and to reclaim phone numbers in accounts that are unutilized for more than thirty (30) days.
  8. You acknowledge that we are the “customer of record” for all phone numbers provided as part of our Services. As the customer of record, PortaText has certain rights with respect to porting phone numbers. You understand and agree that you may use the phone numbers provided as part of our Services subject to these Terms and until the end of the Terms Period (as defined in Section 16.1 (Terms Period)). Unless otherwise required by law, we reserve the right to refuse to allow you to port away any phone number in our sole discretion. Regardless, we may allow you to port away phone numbers, so long as you (1) have an upgraded account in good standing, and (2) have either ported in or purchased the phone number more than 90 days prior to the port-away date
  9. You will not use the Services in connection with any call or SMS types that would result in us incurring originating access charges, local exchange carrier “DIP” fees or other call types that may be subject to any reverse billing process, application or charge. In the event of a violation of this Section, PortaText may (i) immediately suspend or terminate the Service, and (ii) charge you an additional $0.05 per SMS, as applicable) for all inbound SMS from and after the date of any violation, and you shall promptly reimburse any additional amounts PortaText is required to pay a third party resulting therefrom.

13. Export Controls

13.1 Our Services, including any software we may provide in connection with those Services, may be subject to applicable U.S. export control laws and economic sanctions regulations.

13.2 In receiving this software or our Services, you agree to comply strictly with all domestic and international export laws and economic sanctions regulations as they apply to this software and our Services, and to the extent consistent with these Terms, to obtain any necessary license or other authorization to export, re-export, or transfer such software or our other aspects of our Services.

13.3 These laws include restrictions on destinations, End Users, and end use. Without limitation, you may not transfer any such software or other aspect of our Service without U.S. government authorization to any entity on a U.S. government exclusion list (e.g., the Department of Commerce’s List of Denied Persons, Entity, or Unverified List, and the Treasury Department’s List of Specially Designated Nationals and Consolidated Sanctions List).

13.4 You represent that you are not on a U.S. government exclusion list or under the control of or an agent for any entity on such a list, and you further warrant that you will immediately discontinue use of our software and Services if you become placed on any such list or under the control of or an agent for any entity placed on such a list.

14. Affiliates

14.1 Affiliates are any entity or person that controls you, is controlled by you, or under common control with you, such as a subsidiary, parent company, or employee. (Similarly, if we refer to our affiliates, we mean an entity or person that controls us, is controlled by us or is under common control with us.)

14.2 If applicable to you, your affiliates may order Services directly from us under these Terms, provided that all of your affiliate’s activities are subject to these Terms. You will be responsible for the acts and omissions of your affiliates in connection with each affiliate’s use of our Services.

15. Fees, Payment Terms, Taxes

15.1 Fees. Any payment terms presented to you in the process of using or signing up for a Paid Service are deemed part of these Terms of Use. You agree to pay the usage fees set forth in your “Rate Schedule” (which is either our standard schedule of fees, as may be updated from time to time, and/or any other order forms for our Services ordered by you and accepted in writing by us). In addition, you agree to pay any applicable support fees in connection with your order of any support services pursuant to our Support Terms.

15.2 Taxes. Unless otherwise stated in your Rate Schedule, you are responsible for and shall pay all applicable taxes. This includes all federal, state and local taxes, fees, charges, surcharges or other similar exactions, imposed on or with respect to our Services whether these taxes are imposed directly on you or on PortaText and include, but are not limited to, sales and use taxes, utility user’s fees, excise taxes, VAT, any other business and occupations taxes, 911 taxes, franchise fees and universal service fund fees or taxes. For purposes of this section, taxes do not include any taxes that are imposed on or measured by the net income, property tax or payroll taxes of PortaText. You understand and agree that the detail of taxes charged will be made available in your invoices through PortaText's customer portal for a period of twelve (12) months after such taxes are incurred.

15.3 If you’re exempt from any taxes for any reason, send an email to our tax department at billing@portatext.com with an executed, signed and dated valid exemption certificate. Once our tax department has received and approved your exemption certificate, we will exempt you from those taxes on a going-forward basis. If, for any reason a taxing jurisdiction determines that you are not exempt from those taxes and assesses those taxes, you agree to pay PortaText those taxes, plus any applicable interest or penalties.

15.4 Payment Terms. Subject to certain credit requirements as determined by us, we may let you pay amounts due under these Terms in arrears. If we let you to do that, you will make all of the payments due hereunder within thirty (30) days of the date of the invoice.

15.5 Unless you and PortaText agree otherwise in writing, all fees due under these Terms are payable in United States dollars. Payment obligations can’t be canceled and fees paid are non-refundable. Subject to Section 15.6 (Fee Disputes), if you are overdue on any payment and fail to pay within ten (10) business days of a written notice of your overdue payment, then we may assess and you must pay a late fee. The late fee will be either 1.5% per month, or the maximum amount allowable by law, whichever is less. Subject to Section 15.6 (Fee Disputes) and following the overdue notice, we may also suspend our Services to your account until you pay the amount you are overdue plus the late fee.

15.6 Fee Disputes. You must notify us in writing if you dispute any portion of any fees paid or payable by you under this Agreement. You must provide that written notice to us within sixty (60) days of the applicable charge and we will work together with you to resolve the applicable dispute promptly. If you do not provide us with this written notice of your fee dispute within this 60 day period, you will not be entitled to dispute any fees paid or payable by you.

15.7 Suspension. If your use of our Services exceeds the amounts prepaid by you or if you fail to pay any amounts due by you under Section 15 of the Agreement, we may suspend our Services associated with your account without prior notice to you. We will have no liability for any damage, liabilities, losses (including any loss of data or profits) or any other consequences that you may incur with connection with any suspension of our services pursuant to this section.

15.8 Some of the Paid Services may accept recurring period charges as agreed to by you on the Site. By choosing such auto-reload payment plan, you acknowledge that such Services have a recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. WE MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (RECEIPT OF WHICH IS CONFIRMED BY US) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE WE REASONABLY COULD ACT. TO TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD, GO TO YOUR PORTATEXT USER PANEL.

15.9 YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. IF YOU HAVE REQUESTED AUTO-RELOAD PAYMENTS, YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY US OR OUR PAYMENT PROCESSOR IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE IN YOUR PORTATEXT USER PANEL. IF YOU FAIL TO PROVIDE ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT WE MAY CONTINUE CHARGING YOU FOR ANY USE OF PAID SERVICES UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE CANCELLED AUTO-RELOAD OR TERMINATED YOUR PAID SERVICES AS SET FORTH ABOVE.

15.10 Any free trial or other promotion that provides access to a Paid Service must only be used within the specified time of the trial. You must stop using a Paid Service before the end of the trial period in order to avoid being charged the non-promotional rate for that Paid Service. If you cancel prior to the end of the trial period and are inadvertently charged the non-promotional rate for a Paid Service, please contact us at support@portatext.com.

15.11 You acknowledge that we reserve the right to change our fees from time to time, in our sole discretion. Your continued use of the Services after a price change becomes effective constitutes your agreement to pay the changed amount.

15.12 We may charge you for any fees and costs we incur from wireless carriers directly in relation to your use of the Services (e.g. interworking charges that your traffic generates in relation to ported numbers; fees for providing provisioning services in relation to our dedicated short code service; charges arising from calls made in violation of our Acceptable Use Policy). These charges will be deducted from your account the month after we have received an invoice from the applicable carrier or third party; if your account has insufficient credit, you shall pay all such amounts promptly upon written demand. If any payments owed from you are past due, then you shall pay interest thereon at a rate of 1.5% per month or the maximum rate permitted by law, whichever is less, from the date such payment was due until the date paid.

16. Termination of These Terms

16.1 Terms Period. The period of these Terms will commence on the date these Terms are accepted by you and continue for twelve months. This is called the Initial Period. These Terms will automatically renew for additional one-year periods (each, a “Renewal Period”), unless either you or PortaText provides notice of non-renewal at least thirty (30) days prior to the end of the Initial Period or a Renewal Period. The Initial Period and all Renewal Periods will be referred to in this agreement as the “Terms Period”.

16.2 Termination and Suspension of Services. Either party may terminate your account for any reason upon 60 days written notice to the other party. Either party may also terminate or suspend your account in the event the other party commits any material breach of these Terms and fails to fix that breach within 5 days after written notice of that breach. If we terminate these Terms due to your material breach, we may terminate or suspend of your account(s) as well.

In addition to suspension of our services for non-payment of fees as described in Section 15.7 (Suspension), we may also suspend our Services immediately for cause if: (a) you violate (or give us reason to believe you have violated) the PortaText AUP; (b) there is reason to believe the traffic created from your use of our Services or your use of our Services is fraudulent or negatively impacting the operating capability of our Services; (c) we determine, in our sole discretion, that providing our Services is prohibited by law, or it has become impractical or unfeasible for any legal or regulatory reason to provide our Services; or (d) subject to applicable law, upon your liquidation, commencement of dissolution proceedings, disposal of your assets or change of control, a failure to continue business, assignment for the benefit of creditors, or if you become the subject of bankruptcy or similar proceeding. If we suspend our Services to your account, we will make a reasonable attempt to notify you.

17. Survival

Upon termination or expiration of these Terms, your payment obligations, the terms of this Section 17, and the terms of the following Sections will survive (i.e. still apply): Section 11 (Our Use and Storage of Customer Data), Section 12 (Restrictions), Section 5 (Ownership and Confidentiality), Section 8 (Warranties and Disclaimer), Section 9 (Indemnification, Exclusion of Damages; Limitation of Liability) and Section 18 (General).

18. General

18.1 Compliance with Laws. Both you and PortaText will comply with the applicable law relating to each of our respective activities under these Terms, including privacy and data protection laws and applicable rules established by the Federal Communications Commission.

18.2 No Waiver. PortaText's failure to enforce at any time any provision of these Terms or our AUP does not waive our right to do so later. And, if we do expressly waive any provision of these Terms or our AUP, that does not mean it is waived for all time in the future. Any waiver must be in writing and signed by and us to be legally binding.

18.3 Assignment. You will not assign or otherwise transfer these Terms, in whole or in part, without our prior written consent. Any attempt by you to assign, delegate, or transfer these Terms will be null and void. Subject to this Section 18.3, these Terms will be binding on both you and PortaText and each of our successors and assigns.

18.4 Relationship. You and PortaText are independent contractors in the performance of each and every part of these Terms. Nothing in these Terms is intended to create or shall be construed as creating an employer-employee relationship or a partnership, agency, joint venture, or franchise. You and PortaText will be solely responsible for all of our respective employees and agents and our respective labor costs and expenses arising in connection with our respective employees and agents. You and PortaText will also be solely responsible for any and all claims, liabilities or damages or debts of any type that may arise on account of each of our respective activities, or those of each of our respective employees or agents, in the performance of these Terms. Neither you nor PortaText has the authority to commit the other of us in any way and will not attempt to do so or imply that it has the right to do so.

18.5 Unenforceability. Except as described in Section 19 (Agreement to Arbitrate), if any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be unenforceable, that provision will be limited or eliminated to the minimum extent necessary to make it enforceable and, in any event, the rest of these Terms will continue in full force and effect.

18.6 Notices. Any notice required or permitted to be given under these Terms will be given in writing to the receiving party by personal delivery, certified mail, return receipt requested, overnight delivery by a nationally recognized carrier or by email upon confirmation of receipt. Notices to PortaText shall be copied to support@portatext.com, Attn: General Counsel.

18.7 Entire Agreement. Except as provided in these Terms and any attachments to these Terms, these Terms supersede all prior and contemporaneous proposals, statements, sales materials or presentations and agreements, oral and written. No oral or written information or advice given by PortaText, its agents or employees will create a warranty or in any way increase the scope of the warranties in these Terms.

18.8 Force Majeure. No failure, delay or default in performance of any obligation of a party shall constitute an event of default or breach of these Terms to the extent that such failure to perform, delay or default arises out of a cause, existing or future, that is beyond the control and without negligence of such party, including action or inaction of governmental, civil or military authority; fire; strike, lockout or other labor dispute; flood, terrorist act; war; riot; theft; earthquake and other natural disaster. The party affected by such cause shall take all reasonable actions to minimize the consequences of any such cause.

18.9 Government Terms.** We provide our Services, including related software and technology, for ultimate federal government end use solely in accordance with the terms of these Terms. If you (or any of your End Users) are an agency, department, or other entity of any government, the use, duplication, reproduction, release, modification, disclosure, or transfer of our services, or any related documentation of any kind, including technical data, software, and manuals, is restricted by these Terms. All other use is prohibited and no rights other than those provided in these Terms are conferred. Our services were developed fully at private expense.

18.10 Governing Law and Venue. The enforceability and interpretation of Section 19 (Agreement to Arbitrate) will be determined the Federal Arbitration Act (including its procedural provisions). Apart from Section 19, these Terms will be governed by and interpreted according to the laws of the State of California without regard to conflicts of laws and principles that would cause laws of another jurisdiction to apply. These Terms will not be governed by the United Nations Convention on Contracts for the International Sale of Goods. Except as provided in Section 19 (Arbitration), any legal suit, action or proceeding arising out of or related to these Terms or our Services shall be instituted in either the state or federal courts of San Francisco, California, and we each consent to the personal jurisdiction of these courts.

19. Agreement to Arbitrate

Before bringing a formal legal case, please first try contacting our Customer Support. Most disputes can be resolved that way.

19.1 We Both Agree to Arbitrate. If we can’t resolve our dispute through our customer support, you or any of your affiliates on one hand and PortaText and any of PortaText's affiliates on the other hand, all agree to resolve any dispute arising under these Terms, or Privacy Notices, or in relation to our Services by binding arbitration in the Dade County, State of Florida, United States, or in another location that we have both agreed to.

This applies to all claims under any legal theory, unless the claim fits in one the exceptions below in Subsection 19.2 (Exceptions to Agreement to Arbitrate). It also applies even after you have stopped using your PortaText account or have deleted it. If we have a dispute about whether this agreement to arbitrate can be enforced or applies to our dispute, we all agree that the arbitrator will decide that, too.

19.2 Exceptions to Agreement to Arbitrate. You and your affiliates on one hand, and PortaText and its affiliates on the other hand, agree that we will go to court to resolve disputes relating to:

  1. Your, your affiliate’s, PortaText's or PortaText's affiliates intellectual property (e.g., trademarks, trade dress, domain names, trade secrets, copyrights or patents); or
  2. Your violation of PortaText's AUP.

Also, any of us can bring a claim in small claims court either in the Dade County, State of Florida, United States or the county where you live, or some other place we both agree on, if it qualifies to be brought in that court.

In addition, if any of us brings a claim in court that should be arbitrated or any of us refuses to arbitrate a claim that should be arbitrated, the other of us can ask a court to force us to go to arbitration to resolve the claim (i.e., compel arbitration). Any of us may also ask a court to halt a court proceeding while an arbitration proceeding is ongoing.

19.3 Details of Arbitration Procedure. Prior to filing any arbitration, both parties jointly agree to seek to resolve any dispute between us by mediation conducted by the American Arbitration Association (AAA), with all mediator fees and expenses paid equally by the parties. If mediation is not successful, either party may initiate an arbitration proceeding with AAA. You can look at AAA’s rules and procedures on their website http://www.adr.org or you can call them at 1-800-778-7879.

The arbitration will be governed by the then-current version of AAA’s Commercial Arbitration Rules (the "Rules") and will be held with a single arbitrator appointed in accordance with the Rules. To the extent any thing described in this Section 19 conflicts with the Rules, the language of this Section 19 applies.

Each of us will be entitled to get a copy of non-privileged relevant documents in the possession or control of the other party and to take a reasonable number of depositions. All such discovery will be in accordance with procedures approved by the arbitrator. This Section 19 does not alter in any way the statute of limitations that would apply to any claims or counterclaims asserted by either party.

The arbitrator’s award will be based on the evidence admitted and the substantive law of the State of California and the United States, as applicable, and will contain an award for each issue and counterclaim. The award will provide in writing the factual findings and legal reasoning for such award. The arbitrator will not be entitled to modify these Terms.

Except as provided in the Federal Arbitration Act, the arbitration award will be final and binding on the parties. Judgment may be entered in any court of competent jurisdiction.

19.4 Class Action Waiver. Both you and your affiliates, on one hand, and PortaText and its affiliates on the other hand, agree that any claims or controversies between us must be brought against each other on an individual basis only. That means neither you and your affiliates on one hand nor PortaText and its affiliates on the other hand can bring a claim as a plaintiff or class member in a class action, consolidated action, or representative action. The arbitrator cannot combine more than one person’s or entity’s claims into a single case, and cannot preside over any consolidated, class or representative proceeding (unless we agree otherwise). And, the arbitrator’s decision or award in one person’s or entity’s case can only impact the person or entity that brought the claim, not other PortaText customers, and cannot be used to decide other disputes with other customers.

If a court decides that this Subsection 19.4 (Class Action Waiver) is not enforceable or valid, then the entire Section 17 (Agreement to Arbitrate) will be null and void (i.e., go away). But, the rest of the Terms will still apply.

20. Compliance and Conduct

20.1 You agree to use our services in strict compliance with all applicable laws, rulings and regulations and in a manner that does not, in our sole judgment, negatively reflect on our goodwill or reputation.

20.2 You further agree that you shall take no actions which would cause our company to be in violation of any laws, rulings or regulations applicable to us.

20.3 You agree that you will not - before, during or after the use of our services say or cause to be said, write or cause to be written, publish in any way manner or form or cause to be published, any negative or disparaging comments, pictures, postings, blog entries, posting of any online comments or forum or similar online venues, which are negative to us; and, if so doing, in any case, to pay $2,000 per such infraction.

20.4 You agree not to take or allow any action that might compromise the security of any of the Services, render any of the Services inaccessible to others or otherwise cause damage to any of the Services.

20.5 You agree not to use any of the Services in any manner that might interfere with the rights of third parties.

20.6 You are, and at all times shall remain, in full compliance with all applicable laws and regulations; including, without limitation, those concerning privacy, telemarketing and internet marketing, and otherwise relating to your use of the Services including, without limitation, the Telemarketing Sales Rule ("TSR"), the Telephone Consumer Protection Act ("TCPA").

21. Content and Liability Disclaimer

21.1 PortaText use reasonable efforts to include accurate, complete and current information for the Services. However, we do not warrant that the content is accurate, complete, current, or free of technical or typographical errors. It is your responsibility to verify any information before relying on it.

21.2 Information provided on The Site is for informational purposes only, is not exhaustive, and shall not be considered legal advice. We advise you to consult with your own independent legal counsel for any legal or regulatory advice.

21.3 Links to third-party websites or information are provided solely as a convenience to you. If you use these links, you will be subject to the Terms and Conditions and privacy policies applicable to those websites. Such links do not constitute or imply an endorsement, sponsorship, or recommendation by us of the third party, the third-party website, or the information contained therein. We are not responsible for the availability of any such websites, and are not responsible or liable for any content thereon. It is up to you to take precautions to ensure that whatever website you select for your use is free of items such as viruses, worms, Trojan horses and other items of a destructive nature.

22. General Complaints

Please send reports of activity in violation of these Terms & Conditions to support@portatext.com so that we can investigate incidents violations.
PortaText may involve and will cooperate with law enforcement officials as required and/or if any criminal activity is suspected. Violations may involve criminal and civil liability.

Service Level Agreement

This PortaText API Service Level Agreement (“SLA”) governs the use of the PortaText API under the terms of the PortaText Terms of Service (the “TOS”) between PortText, LLC. (“PortaText”, “us” or “we”) and users of the PortaText API (“you” or “Customer”).

This SLA applies separately to each account using the PortaText API. Unless otherwise provided herein, this SLA is subject to the terms of the TOS and capitalized terms will have the meaning specified in the TOS.

PortaText reserves the right to change the terms of this SLA in accordance with the TOS.

1. Service Commitment

PortaText will use commercially reasonable efforts to make the PortaText API available 99.95% of the time. In the event PortaText does not meet the goal of 99.95% API availability in a given calendar month (“Monthly Uptime Percentage”), you will be eligible to receive a Service Credit as described below.

2. Definitions

2.1 “Unavailable Time” means the PortaText API is not available for use according to third party performance and monitoring services contracted by PortaText at its sole discretion (the “Monitoring Service”).

2.2 “Monthly Uptime Percentage" is calculated by subtracting from 100% the percentage of continuous 5 minute periods during the Service Month in which the PortaText API was in a state of “Unavailable Time” as identified by Monitoring Service

2.3 A “Service Credit” is calculated as set forth below, that PortaText may credit back to an eligible Customer account:

3. Credit Request and Payment Procedures

To apply for a Service Credit, the customer must submit a ticket via the Account Portal within 30 days of the month in which the Unavailable Time occurred. The ticket must include (i) "SLA Claim" as the subject of the ticket; (ii) the dates and times of the Unavailable Time for which you are requesting credit; and (iii) any applicable information that documents the claimed outage.

4. Exclusions

Notwithstanding anything to the contrary, no Unavailable Time shall be deemed to have occurred with respect to any unavailability, suspension or termination of the PortaText API, or any other PortaText API performance issues, that

  1. Are caused by factors outside of PortaText's reasonable control, including, without limitation, any force majeure event, carrier related problems or issues, or Internet access or related problems beyond the demarcation point of PortaText or its direct hosting subcontractors (i.e beyond the point in the network where PortaText maintains access and control over the PortaText Services)
  2. Result from any actions or inactions of Customer or any third party (other than PortaText's direct hosting subcontractor)
  3. Result from Applications, equipment, software or other technology and/or third party equipment, software or other technology (other than third party equipment within PortaText's direct control)
  4. Arise from PortaText's suspension and termination of Customer’s right to use the PortaText Services in accordance with the TOS
  5. Scheduled maintenance
  6. Problems or issues related to alpha, beta or not otherwise generally available PortaText features or products (collectively, the “Exclusions”).

5. Sole Remedy

Service Credits shall be your sole and exclusive remedy for any unavailability or non-performance of the PortaText Services or other failure by us to provide the PortaText Services.

Acceptable Use Policy

This Acceptable Use Policy (“AUP”) describes actions that PortaText prohibits when any party uses PortaText's Services. This Policy is incorporated by reference and governed by the Terms of Service which contains explanations of defined terms and takes precedence over any conflicting provisions in this AUP. You, the Customer, may not use the Services without agreeing to this AUP. Thus, you agree not to use, and not to encourage or allow any End User to use, PortaText's Services in prohibited manners, including but not limited to the following:

  1. Using the Services to encourage any illegal, abusive, or other activities that interfere with the business or activities of PortaText.
  2. Attempting to bypass or break any security mechanism on any of the Services or using the Services in any other manner that poses a security or service risk to PortaText or any of its users
  3. Reverse-engineering the Services in order to find limitations, vulnerabilities, or evade filtering capabilities.
  4. Using the Services in any manner that may subject PortaText or any third party to liability, damages, or danger.
  5. Launching or facilitating, whether intentionally or unintentionally, a denial of service attack on any of the Services or any other conduct that adversely impacts the availability, reliability, or stability of the Services.
  6. Transmitting any material that contains viruses, trojan horses, worms or any other malicious, harmful, or deleterious programs.
  7. Using the Services in any manner that violates: the Digital Millennium Copyright Act (DMCA), or any other industry standards; any third party policies including all of the applicable guidelines published by the CTIA, the Mobile Marketing Association, or any other accepted industry associations, carrier guidelines (or any similar or analogous industry standards, third party policies or requirements in any other jurisdiction);, or requirements that PortaText may communicate to its Customers including any usage requirements.
  8. Engaging in any unsolicited advertising, marketing or other activities, including any activities that violate anti-spam laws and regulations including the CAN SPAM Act of 2003, the Telephone Consumer Protection Act, and the Do-Not-Call Implementation Act (or any similar or analogous anti-spam, data protection, or privacy legislation in any other jurisdiction).
  9. Using the Services in connection with any unsolicited or harassing messages (commercial or otherwise) including unsolicited or unwanted phone calls, SMS or text messages, voice mail, or faxes.
  10. Using the Services to harvest or otherwise collect information about others, including email addresses or phone numbers.
  11. Using the Services to engage in or in connection with fraudulent activity.
  12. Using the Services to receive, send or otherwise process Protected Health Information as defined by the Health Insurance Portability and Accountability Act of 1996 as amended, unless you have signed a Business Associate Agreement with PortaText or your use of the Services fits within the “conduit” or some other exception for requiring a Business Associate Agreement.
  13. Violating or facilitating the violation of any local, state, federal, or foreign law or regulation, including laws and regulations regarding the transmission of data or software.
  14. Taking any action to participate in, encourage, or promote any activity prohibited under this AUP or the PortaText Terms of Service
  15. Using the Services to transmit any material that infringes the intellectual property rights or other rights of third parties.
  16. Using the Services to transmit any material that is libelous, defamatory, discriminatory, or otherwise malicious or harmful to any person or entity.
  17. Creating a false identity or forged email address or header, or phone number, or otherwise attempting to mislead others as to the identity of the sender or the origin of a message or phone call.
  18. Using the Services, or any component of the Services, in any manner not authorized by PortaText.
  19. U.S. Long Virtual Numbers. Our U.S. Long Virtual Number Services may not be used in any manner (e.g. sending communications, responding to communications, or otherwise) other than Peer-to-Peer, initiated by human interaction (versus an automated or timed message, or the like). Marketing communications and mobile content delivery messages are not permitted on our U.S. Long Virtual Number Services.

Furthermore, you agree that the following minimum usage and call duration requirements, which will be measured at the master account level on a calendar month basis, apply to your use of the Services, and you understand that we will provide you with notice of any violation of these requirements and allow you thirty (30) days to comply before taking any further action with your account in accordance with the Terms of Service or your agreement with PortaText:

  1. Each phone number must have at least two (2) transmissions, which transmissions may be in the form of an outbound call, or SMS message.
  2. No more than 10% of your outbound voice calls may be under twelve (12) seconds in duration.

Please note: This list of prohibited uses is provided by way of example and should not be considered exhaustive. All determinations related to violations of this Acceptable Use Policy will be made by PortaText in its sole discretion.

Privacy Policy

Website Privacy Notice

Introduction

Below is a description of what data we gather from you as a visitor to our various publicly-accessible websites, which includes www.portatext.com, and other websites where this privacy policy is posted. For ease, we will call all these publicly-accessible websites collectively the “PortaText Site” for short. Also, included below is a description of why we collect and how we use the data we collect on the PortaText Site. The PortaText Site does not include our account portal which you access by signing up for an account with PortaText.

Before you submit any information on or through the PortaText Site, please carefully review this notice. By using any part of the PortaText Site, you consent to the collection, use, disclosure and sharing of your information as further outlined below in this notice.

What data we collect, how we collect it and why

Data you give to us directly. On some places on the PortaText Site, you can fill in a web form to share your data with us directly, such as on our “Talk to Sales” page or on our “Talk to Support” page. We collect the information you provide in response to those web forms. Occasionally, we may also offer opportunities for you to share your data with us such as through a survey, to sign up for a newsletter, or to register for or receive details about an event we are sponsoring. If you participate in those surveys, sign up for a newsletter, or register for an event, we will collect the information you provide to us in doing so.

Check out our Developer Products and Account Portal Privacy Policy for details about what data PortaText collects from you when you sign up for an account or login to your account and how we use that data.

Data we collect from you automatically. When you visit the PortaText Site, we and our service providers acting on our behalf automatically collect certain data using tracking technologies like cookies, web beacons, and similar technologies.

What we use your data for

Data you give us directly. For data that you give to us directly through the “Talk to Sales” and “Talk to Support” pages, we will use that data to formulate a response to your inquiry and know how to get back to you with our response. Similarly, if you provide us information directly in response to a survey or when signing up for an event, we will use the data you provide for the reason that you provided it to us and for other purposes that we tell you about at the time when you provided that data

Data we collect automatically. For data that we collect from you automatically through tracking technologies, we use this data to understand how visitors to the PortaText Site are using it and which pages and features of the PortaText Site are most popular. This helps us understand how we can improve our Site and track performance of our advertisements. In addition, tracking technologies are used to help improve the navigation experience on the PortaText Site. For more details on our use of cookies and tracking technologies, click here.

Who we may share your data with

Unless you give us your permission, we don’t share data we collect from you with third parties, except as described below:

We do not share your data (including, but not limited to, the personal data of your end users) with third parties for their direct marketing purposes, unless you give us your consent to do so.

Information from Children

We do not knowingly collect any personal information directly from children under the age of 13. If we discover we have received any personal information from a child under the age of 13 in violation of this Policy, we will take reasonable steps to delete that information as quickly as possible. If you believe we have any information from or about anyone under the age of 13, please contact us at support@portatext.com.

How we secure your data

We use appropriate security measures to protect the security of your data both online and offline. These measures vary based on the sensitivity of the information that we collect, process and store and the current state of technology. Please note, though, that no website or internet transmission is completely secure, so while we strive to protect your data, we cannot guarantee that unauthorized access, hacking, data loss or a data breach will never occur.

How we treat Do-Not-Track Signals/ California Do-Not-Track Disclosure

PortaText does not currently respond to web browser’s Do-Not-Track signals. You can learn more about Do Not Track here.

How we tell you about changes to our privacy practices

We may change our Website Privacy Notice from time to time. We will comply with applicable law with respect to any changes we make to this notice.

How to make choices about your data

Deletion, access, and changes to your data. To request deletion of, access to, or to make changes to data we’ve collected from you via the PortaText Site, email us at support@portatext.com. Please note that even if you request that we delete data we’ve collected from you, we may still retain data collected from you in an aggregated or anonymized form that does not identify you. We also will not delete your data if we are legally required to maintain it.

Promotional communications. If you are receiving promotional emails from us, you can choose to stop receiving those by following the unsubscribe/opt-out instructions in those emails. You can also opt-out by contacting customer support.

Cookies and tracking technologies. How you make choices about cookies and other tracking technologies depends on the type of cookie or tracking technology being used. For details on how to manage your preferences for cookies and tracking technologies, please check out our Cookie Notice.

How to resolve disputes relating to our privacy practices

Except for residents of the European Union, if you you have a dispute with us relating to our privacy practices, please contact our customer support or email us at support@portatext.com. Most disputes can be resolved that way. If we can’t resolve our dispute that way, please see Section 17 (Agreement to Arbitrate) of our Terms of Service, which describes how disputes will be resolved between us. As described in that section, the American Arbitration Association (www.adr.org) will conduct the dispute resolution proceedings. Please be sure to review our Terms of Service, including Section 17, before you use any of our products and services.

Developer Products and Account Portal Privacy

Introduction

Below is a summary of our practices when it comes to your data collected when you use the PortaText account portal and our products and services.

Please note that some PortaText customers may have special agreements with us that specify the collection, use, and sharing of their data. If those special agreements and this notice conflict, those special agreements will apply.

For purposes of this notice, the words “our,” “us,” “we,” and “PortaText" refer to PortaText, LLC. and our affiliates (which includes any person or entity that controls us, is controlled by us, or is under common control with us, such as our subsidiary, parent company, or our employees).

Before you submit any information on or through the PortaText account portal or use PortaText products and services, please carefully review this Notice. By using any part of the PortaText Site, you consent to the collection, use, disclosure and sharing of your information as further outlined below in this Notice.

Let’s get oriented

What is PortaText? PortaText is a cloud communications company. Our customers are generally software application developers (or companies that have software application developers working for them). Our customers generally use PortaText's products and services, which include APIs and SDKs, to build communications features and capabilities into their applications. Our customers then often have their own customers or users of the applications they build using PortaText's products and services. To avoid confusion, we’ll call the individuals that use our customers’ applications the “end users.”

PortaText generally does not interact directly with our customers’ end users. Instead, end users interact with our customers’ applications, which in turn interact with our products and services. So, if you’re an end user of an application that is integrated with PortaText's products or services, you should check out that application’s terms of service and privacy policy to find out how that application collects, uses, stores and shares your data. We are not responsible for our customers’ privacy policies or privacy practices.

Categories of Customer Data. There are three general categories of customer data that we collect or generate from our customers’ use of our products and services. We’ll call these “Customer Content,” “Customer Account Data,” and “Customer Usage Data.”

What data we collect, how we collect it and why

Customer Account Data you share with us directly. When you sign up for an account with PortaText through our account portal, you’ll be asked to give us your name, email address, and optionally, your company name. You’ll also be asked to create a password. We collect this Customer Account Data so that we know who you are, we can communicate with you about your account, and we can recognize you when you communicate with us through the account portal or otherwise.

When you first sign up for an account, we’ll also ask you for a telephone number so that we can communicate a verification code to that telephone number and have you enter that code into our website. This helps us ensure that you’re actually a human being. You can then use this number as an outgoing caller id for voice calls, and you can text message it during your account trial period.

When you set up two-factor authentication for your account, we’ll ask you to enter a telephone number to which we will communicate verification codes to verify that it is you logging into your account.

We may also ask you for a telephone number to contact you, like when you ask to be contacted by our sales team.

When you upgrade your account from a trial or free account, we’ll ask you to provide our payment processor with your payment method data like your credit card information, and/or your billing address. Our payment processor, acting on our behalf, gathers this so that we can bill you for your use of our products and services. Our payment processor will generally share your billing address with PortaText.

For some products, we may have to obtain a physical address from you. For example, to get a phone number in certain countries, local regulations may require us to have a physical address on file for you or your end user. We may also need your physical address or billing address this for tax purposes. We may have to share your physical or billing address with the telecommunications carrier from whom PortaText obtained the phone number or local government authorities upon their request. Unless prohibited from doing so by law, we’ll let you know if we have to share your address like this.

Similarly, for some of our products, you may have to complete an application form providing details about your company and your intended use of the product, like when you are interested in getting a short code. We’ll use this data for the purpose for which it was gathered from you. We may also use it in connection with improving our own internal processes and services or training our team members.

Also, we gather information about you when you interact with our customer support team, sales team or account management team. For example, when you contact our customer support team, you will be asked to give your account data and tell us the question you have or any problem you’re experiencing. We gather this information so that we can help you with your question or problem. When you communicate with our sales team or account management team, we’ll gather data about you, such as your use case and your business requirements, so that these teams are better equipped to assist you. We may also use this data so that we can improve our products and services and train our team members.

Customer Account Data we generate and collect automatically when you create an account. When you sign up for an account with PortaText, we’ll assign you a username, a password, and an API Key. You will need to use these credentials in connection with making requests to our APIs. We keep a record of these credentials, so that when your application makes requests to our API using these credentials, we know that it is you making the requests.

Customer Usage Data we collect from you from your use of our products and services, like our APIs. When you use our products and services, we collect Customer Usage Data. This may include data like what commands your application has communicated to PortaText, your IP addresses, how many times you used a PortaText product or service, when the product or service was used by you or your end users, the number of calls or messages made or received, the length of calls or messages, where those calls or messages originated or terminated, how those calls or messages were routed, and whether or not the connection was successful or failed.

We collect Customer Usage Data so that you can view it in the account portal and can manage your use of our products and services. We also collect it so that we can properly bill you for your use of our products and services, appropriately manage and route customer traffic, analyze and improve our products and services, and identify and solve problems that arise.

Customer Content we collect from you from your use of our products and services, like our APIs. We also may collect Customer Content in connection with your use of certain products or services. For example, if you use our messaging services, we collect the messages being sent and received so that we can convey those messages to and from the carrier networks. Similarly, to transmit voice calls to and from the telecommunications carrier networks, we have to collect the voice communications being sent and received to route them appropriately.

You should not use PortaText's products or services to receive, send or otherwise process Personal Health Information (PHI) as defined by the Health Insurance Portability and Accountability Act of 1996 as amended (HIPAA) unless you have either negotiated a Business Associate Agreement (BAA) with PortaText or your use case for PortaText's products and services does not require a BAA. PortaText disclaims all liability for PHI sent, received or processed through PortaText's products or services without a Business Associate Agreement. Just to be clear, PortaText may not necessarily sign a BAA in connection with your use of any PortaText product or service. Please contact our sales team to speak further regarding HIPAA-compliant uses of PortaText's products and service.

Customer Account Data we collect from other sources. From time to time, we gather publicly-available information about companies that are our customers, such as where they are located, their website URL, their industry, and their size. Sometimes this type of Customer Account Data is obtained through third-party service providers that specialize in pulling together publicly-available information about companies.

What we use your data for

Generally, we use all the data that you provide to us or that we collect from you to provide our products and services to you, to enable you to access and use our products and services, to deliver your communications to their intended destination, and to analyze our customers’ use of our products and services, to improve our products and services, and to detect fraudulent or unlawful activity in connection with PortaText accounts.

Below are some additional details regarding how we use categories of data we collect.

Customer Content. We use Customer Content for the purposes that you allow us access to it, like conveying it to and from telecommunications carrier networks or recording and transcribing it per your instruction. We may also use it to troubleshoot issues such as call quality concerns.

Customer Account Information. We use your email address in connection with your account password to authenticate your account and allow you to access your account data through the account portal. And, we use your API Key to authenticate that it is your application that is making requests to our APIs.

We also use contact information you provide to PortaText to communicate information regarding your account and the products and services you are using or to respond to an inquiry you have sent us. If you enable two-factor authentication, we’ll use the telephone number you provide in connection with that feature to send you verification codes.

In addition, we will use your email address to send you information about other PortaText products, services, or events that you might be interested in. You can choose not to receive marketing emails from PortaText. If you wish to stop receiving PortaText marketing emails you may click on the unsubscribe link that will appear at the bottom of any PortaText marketing emails or you can contact customer support.

We will use publicly-available Customer Account Data about your company, such as your industry, the size of your company, and your company’s website URL, to help us understand our customer base better and to tailor information we send you about other PortaText products, services, or events.

If you provide us with a physical address in order to obtain a number for which PortaText is required to have your physical address on file, we’ll use that address so that we can confirm we can allow you to have that number. We may also check the physical address you provide and/or your billing address, as well as other information you provide or that we obtained from your use of our service about your identity such as your name, email address, and IP address, with our fraud prevention and identity validation providers (to confirm you have provided us with accurate details). We may also use your address information to calculate taxes. We may also have to share these addresses with the telecommunications provider from whom PortaText obtained the phone number or local authorities upon their request. Unless prohibited from doing so by law, we’ll let you know if we have to share your address information like this.

We use your payment information so we can bill you and be paid for your use of our products and services.

Your Customer Usage Data. We use your usage data so we can properly bill you for your use of our products and services, appropriately manage and route customer traffic, analyze and improve our products and services, and identify and solve problems with our products and services that arise. We also use certain usage data to support regulatory requirements, such as calculation and reporting of tax or similar obligations.

Data collected through tracking technologies like cookies and web beacons. We collect data through tracking technologies so we can understand how customers are using our account portal and what regions our customers are coming from. This helps us understand our customers better and how we can improve our account portal. We also use this to improve our customer’s navigation experience with our account portal.

Who we may share your data with

Unless you give us your permission, we won’t share your Customer Content, Customer Account Data, or Customer Usage Data with third parties, except as described below:

We do not share your data (including, but not limited to, the personal data of your end users) with third parties for their direct marketing purposes, unless you give us your consent to do so.

Information from ChildrenInformation-from-Children

We do not knowingly collect any personal information directly from children under the age of 13. If we discover we have received any personal information from a child under the age of 13 in violation of this Policy, we will take reasonable steps to delete that information as quickly as possible. If you believe we have any information from or about anyone under the age of 13, please contact us at support@portatext.com.

How we secure your data

We use appropriate security measures to protect the security of your customer data both online and offline. These measures vary based on the sensitivity of the information that we collect, process and store and the current state of technology. Please note though that no service is completely secure. So, while we strive to protect your data, we cannot guarantee that unauthorized access, hacking, data loss or a data breach will never occur.

You may access your account through our account portal by using your email address and a password that you chose when you signed up for PortaText's products and services. To protect the confidentiality of your customer data and protect from unauthorized use of your account, you must keep your password and Auth Token confidential and not disclose it to any other person. Please let us know right away if you think your password or Auth Token was compromised or misused. For instructions on changing your password, click here. For instructions on changing your Auth Token, click here.

How we treat Do-Not-Track Signals/California Do-Not-Track Disclosure

PortaText does not currently respond to web browser’s Do-Not-Track signals. You can learn more about Do Not Track here.

How we tell you about changes to our privacy practices

We may change our Product and Account Portal Privacy Notice from time to time. We will comply with applicable law with respect to any changes we make to this notice.

How to make choices about your data

Deletion, access, and changes to Customer Data. You may access and make changes to certain of your Customer Account Data through the Account Dashboard in the PortaText account portal. You will also be able access Customer Content and various types of Customer Usage Data through the account portal as well.

To request deletion of your PortaText account, email us at support@portatext.com. You should know that deletion of your PortaText account will result in you permanently losing access to your account and all customer data to which you previously had access through your account. Please note that certain data associated with that account may nonetheless remain on PortaText's servers in an aggregated or anonymized form that does not specifically identify you. Similarly, data associated with your account that we are required by law to maintain will also not be deleted.

If you are an end user of an application that uses PortaText's services, you should direct requests for access and/or deletion of your data associated with that application to the relevant application provider in accordance with that application provider’s own privacy policy.

Promotional communications. You can choose not to receive promotional emails from PortaText by following the unsubscribe/opt-out instructions in those emails. You can also opt-out by contacting customer support. Please note that even if you opt out of promotional communications, we may still send you non-promotional messages relating to things like updates to our terms of service or privacy notices, security alerts, and other notices relating to your access to or use of our products and services.

Cookies and tracking technologies. How you make choices about cookies and other tracking technologies depends on the type of cookie or tracking technology being used. For details on how to manage your preferences for cookies and tracking technologies, please check out our Cookie Notice.

How to resolve disputes relating to our privacy practices

Except for residents of the European Union, if you have a dispute with us relating to our privacy practices, please contact our customer support. Most disputes can be resolved that way. If we can’t resolve our dispute that way, please see Section 17 (Agreement to Arbitrate) of our Terms of Service, which describes how disputes will be resolved between us. As described in that section, the American Arbitration Association (http://www.adr.org) will conduct the dispute resolution proceedings. Please be sure to review our Terms of Service, including Section 17, before you use any of our products and services.

When you visit PortaText's website, www.portatext.com, or the PortaText Account Portal, we and our service providers acting on our behalf automatically collect certain data using tracking technologies like cookies and web beacons. This notice describes what tracking technologies we use and what we use them for.

What’s a Cookie?

A cookie is a piece of data contained in a very small text file that is stored in your browser or elsewhere on your hard drive. Cookies allow PortaText to identify your device as you navigate through our publicly-accessible website (the PortaText Site) or our account portal. We also use them to recognize return visitors to the PortaText Site. This helps make navigating and interacting with the PortaText Site and our account portal more efficient, easy and meaningful.

By themselves, cookies do not identify you specifically. Rather, they recognize your web browser. So, unless you identify yourself specifically to PortaText, like signing into the account portal, we don’t know who you are just because you visited the PortaText Site.

PortaText uses both session and persistent cookies. Session cookies are cookies that disappear from your computer or browser when you turn off your computer. Persistent cookies stay on your computer even after you’ve turned it off.

You can turn off your web browser’s ability to accept cookies. But, if you do that, certain parts of the PortaText Site or account portal may not work for you.

What’s a Web Beacon?

We use web beacons along with cookies to gather data about use of the PortaText Site and account portal and interaction with emails from PortaText. Web beacons are clear electronic images that can recognize certain types of data on your computer, like cookies, when you viewed a particular website tied to the web beacon, and a description of a website tied to the web beacon. For example, we may put web beacons in marketing emails that notify us when you click on a link in the email that directs you to the PortaText Site or one of its pages. We use web beacons to operate and improve the PortaText Site and email communications.

How We Treat Do Not Track Signals/California Do Not Track Disclosure

We use web beacons along with cookies to gather data about use of the PortaText Site and account portal and interaction with emails from PortaText. Web beacons are clear electronic images that can recognize certain types of data on your computer, like cookies, when you viewed a particular website tied to the web beacon, and a description of a website tied to the web beacon. For example, we may put web beacons in marketing emails that notify us when you click on a link in the email that directs you to the PortaText Site or one of its pages. We use web beacons to operate and improve the PortaText Site and email communications.

How We Treat Do Not Track Signals/California Do Not Track Disclosure

Various browsers allow a “do not track” (DNT) setting that relies on a technology known as a DNT header, which sends a signal to websites visited by the individual about the individual’s browser DNT setting. At this time, there is no general agreement on how companies like PortaText should interpret Do Not Track signals. Therefore, PortaText does not currently commit to respond to DNT signals, whether that signal is received on a computer or on a mobile device. PortaText does, however provide meaningful choices to you about the information that is collected through cookies and web beacons through the various opt-out options set forth above. We will continue to monitor developments around DNT browser technology and the implementation of a standard.

Trademark

These Trademark Usage Guidelines are for PortaText LLC's licensees, authorized resellers, developers, customers, and other parties who wish to use PortaText's trademarks, names, and logos ("PortaText Trademarks") for their own purposes, including in promotional, advertising, instructional, or reference materials, or in or on web sites, products, labels, or packaging. Note that any use of PortaText logos and/or use of any PortaText Trademarks outside of these guidelines requires permission and without such permission may constitute trademark infringement under federal and state laws.

PortaText Trademarks

PortaText Trademarks are valuable assets PortaText needs to protect. We ask that you help us by properly using and crediting PortaText Trademarks in accordance with these guidelines. The PortaText Trademarks specifically include:

Permissible Uses

You may generally use the PortaText trademark to refer to the associated PortaText products or services. For instance, an authorized developer may note in its advertisements and products that it utilizes the PortaText software. Similarly, such a developer may issue a press release stating that it has built its product on the PortaText platform.

Relationship of Products or Services

You may indicate the relationship of your products or services to PortaText products or services by using accurate, descriptive tag lines such as "with PortaText technology," "built on the PortaText platform" in connection with your product or service name. Within text or body copy, such tag lines may appear in the same type as your product or service name. On product, packaging, advertising and other collateral where your product or service name is displayed apart from body copy, make sure that the tag line appears in significantly smaller type than your name. You should also distinguish the tag line from your mark by using a different font or color.

Open Source Software

Most open source licenses do not grant, and many exclude, a license of trademark rights. Do not assume you can use the name of a source code base in the name of your distribution developed from that code base. Without a license or permission, you may not incorporate PortaText Trademarks in the name of your distribution or other products that incorporate open source elements. Truthful statements incorporating a trademark are generally allowed (for example, in the format "MyImplementation, derived from Trademarked ProductName"), but you should check the terms of the license for the original source code or any posted trademark guidelines for the project.

User Groups

PortaText generally permits use of its marks in groups name that include phrases such as "user group," "special interest group," etc., that clarify the relationship between PortaText and the group and do not create confusion about the source of products or services. This applies only to user groups that are not formally doing business as commercial entities. If you are administering a user group that includes a PortaText trademark in its name, do not claim any trademark rights in the name or attempt to register the name or your logo with a trademark office, and do not register the name as a trade name or business name, or conduct any business under the name.

Correct Use

Proper use of PortaText Trademarks reinforces their role as brands for our products and services, and helps prevent them from becoming generic names that can be used by anyone. Examples of former trademarks that became generic terms are "aspirin," "cellophane," and "escalator." By adhering to the following rules, you help protect PortaText's investment in its trademarks.

Use a Generic Term

Use a generic term in association with each PortaText trademark the first time the mark appears in text, and as often as possible after that. You need not include generic names in headlines, package titles and documentation titles. "PortaText platform" is an example of generic term use.

Use as Adjectives

PortaText Trademarks are adjectives and should not be used as nouns, or in the possessive or plural form. For example, "PortaText platform's benefits" not "PortaText's benefits"

Do Not Vary the Trademarks

Do not vary PortaText Trademarks by changing their spelling or abbreviating them.

Do not use any name or trademark confusingly similar to the PortaText Trademarks or any other trademark or trade name owned by PortaText for which PortaText has not given you permission. And do not use the PortaText Trademarks in such proximity to any of your own trademarks or trade names or third party trademarks so as to create a combination or composite mark.

"PortaText" As a Trade Name

Trade names are the actual business names of companies. Trademarks and trade names are not the same, even though many companies use their trade names as trademarks. If you are using "PortaText" as a substitute for PortaText LLC, you are using it as a trade name. Because they are nouns, trade names can be used in the possessive and do not require a generic term or a trademark symbol. Thus, you should not use a ® after "PortaText" when it appears as part of the full corporate name or as a trade name.

Examples:

Trademark Symbols And Credit Lines

Trademark Symbols

Proper trademark attribution through trademark symbols and credit lines helps make others aware of our rights, and helps prevent them from becoming generic terms. Credit lines also help clarify that they belong to PortaText. Accordingly, you should attribute ownership of PortaText Trademarks to PortaText, LLC. by using trademark symbols (™ or SM or ®) and credit lines as detailed below.

Use the ® symbol with the most prominent appearance of the "PortaText" mark on products, packaging, manuals, advertisements, promotional materials and Web pages (for example, in the headline of an advertisement), and the first use of the mark in text or body copy. This includes situations where "PortaText" is a part of a product or service name. An example would be

XYZ Develops New Product on the PortaText® Platform XYZ Corporation has developed the ABC telecommunications app based on the PortaText® platform. The ABC app is one of numerous products XYZ has developed using PortaText software.

"PortaText" receives a trademark symbol in the headline because this is the most prominent appearance, and when it appears as part of the "PortaText platform" name because this is the first appearance in text. While there is no trademark symbol after "PortaText" when it appears in front of the term "software" since this is not the first time that the term "PortaText" appeared in body copy. That said, it is always acceptable to continue using the ® after "PortaText" throughout the document.

Credit Line

All products, packaging, manuals, advertisements, promotional materials and web pages bearing PortaText Trademarks should include the following trademark credit line.

"PortaText is registered trademarks of PortaText and/or its affiliates. Other names may be trademarks of their respective owners."

The credit line may appear anywhere on the collateral, but typically is displayed on a copyright page, the back of a package or at the end of a document or web page.

Prohibited Uses

You may not use the PortaText Design logo without express written permission from PortaText.

You may not use any of the PortaText Trademarks

Take particular care not to use PortaText Trademarks as set out below.

Company, Product or Service Names

Do not use PortaText Trademarks or potentially confusing variations as all or part of your company, product or service names. If you wish to note the relationship of your products or services to PortaText products or services, please use an appropriate tag line as detailed above. For example, "XYZ for PortaText database" not "OraXYZ or XYZ PortaText"

Logos

For more information regarding use of PortaText logos, please review the Third Party Usage Guidelines for PortaText Logos.

Trade Dress

You may not imitate PortaText trade dress, type style or logos. For instance, do not copy PortaText's layout or styling of its web pages for use with your product, or display your product name in the distinctive logotype associated with the PortaText logo.

Domain Names

Do not use PortaText Trademarks or potentially confusing variations in your Internet domain name. This helps prevent Internet users from being confused as to whether you or PortaText is the source of the web site.

Merchandise Items

You may not manufacture, sell or give-away merchandise items, such as T-shirts and mugs, bearing any of the PortaText Trademarks or any other PortaText marks or names, including symbols, logos, or icons, except pursuant to an express written trademark license from PortaText.

Report Usage Violations

Please report suspected misuse of logos, trademarks or copyrighted material to support@portatext.com.

Ownership

Nothing in these guidelines gives you any right, title or interest in the PortaText Trademarks, or any other trademark or trade name of PortaText, except the right to use the trademarks solely to identify your actual use of PortaText's software and platform. You agree that the PortaText Trademarks, and all intellectual property rights therein, are solely owned by PortaText, and that any and all uses Trademarks, and all goodwill derived therefrom, whether or not done pursuant to the written Agreement, shall inure solely to the benefit of PortaText.

Questions Or Requests

If you have any questions regarding PortaText Trademarks or to request permission for use, please contact the PortaText Legal Department at support@portatext.com.

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